Opinion
March 26, 1962
In a proceeding to adjudge Leslie Riell, an infant, to be a delinquent child, the infant and his father, Sidney Riell, individually and as the infant's natural guardian, appeal from a judgment of the Domestic Relations Court of the City of New York, Children's Court Division, County of Kings, rendered June 17, 1960, which adjudged the infant to be a delinquent child. Judgment reversed on the law and the facts, without costs, and petition dismissed. Findings of fact insofar as they may be inconsistent herewith are reversed and new findings are made as herein indicated. In our opinion, the evidence was insufficient to sustain the material allegations of the petition or to warrant an adjudication of delinquency within the meaning of the statute (N.Y. City Dom. Rel. Act, § 2, subd. [15]; Matter of Slattery,
14 A.D.2d 805; People v. Lewis, 260 N.Y. 171, 178). Beldock, P.J., Ughetta, Kleinfeld, Brennan and Rabin, JJ., concur.